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(영문) 대전지방법원천안지원 2019.04.19 2018가합101461

약정금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,00,000,000 and the interest rate from July 5, 2018 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is a company with the purpose of manufacturing clothes, wholesale and retail business, real estate rental business, etc. The Plaintiff is the Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(2) On February 2016, the Plaintiff entered into an agreement with the Defendants (hereinafter “instant agreement”) on the title “Agreement on Investment of Stock Companies B” (hereinafter “instant agreement”) and paid KRW 1 billion to the Defendants around February 2016.

The main contents of the instant agreement are summarized as follows.

[Investment and Development Cooperation] - The purpose of this contract is to invest and participate in the Defendants in order to develop E golf clubs operated by the Defendants as rental housing (F).

- On February 23, 2016, the Plaintiff invested KRW 1 billion to the Defendants, and cooperate to the maximum extent possible in the development of golf courses and rental housing (F) with respect to the real estate E at a golf course of the Defendants’ E (hereinafter “each of the instant real estate”).

[Development Income] - The Defendants shall pay 25% of development gains to the Plaintiff.

- Development gains shall include increases in the value of real estate at Defendant Company golf courses (the standard price shall be 16.5 billion won, and the difference, etc. between the appraised for loans, etc. or the other appraised values, the standard for appraised values shall be determined by consultation), the revenue accrued after the development of rental housing (F), and increases in value due to development.

- Development gains shall be paid when a PF loan occurs to develop a single-lane rental house, and shall be paid at the end of the second-lane sale (60% at the end of the lease), and 25% of the balance obtained by deducting 16.5 billion won from the purchase price when land is traded, etc. without fulfilling the above two conditions, shall be paid at the time of receipt of the intermediate payment.

- The Defendants are jointly and severally liable as joint and several obligors.

[Refund of Investment Money] - Defendants shall pay the full amount of KRW 1 billion to the principal of the Investment Money until August 23, 2016.